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09-1072 - Franco, et al v. United States Department of the Interior et al


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09-1072 - Franco, et al v. United States Department of the Interior et al
September 15, 2009
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 9/14/2009 ORDERING Dfts' motion to dismiss pltfs' equitable relief claims under the APA is DENIED; Dfts' motion to dismiss pltfs' tort claims under the FTCA for lack of subject matter jurisdiction is GRANTED without leave to amend; Dfts' motion to dismiss pltfs' individual claims against Mr. Vilsack and Mr. Salazar for failure to state a cognizable claim is GRANTED with leave to amend.(Matson, R)
January 27, 2010
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STIPULATION and ORDER 39 signed by Judge Frank C. Damrell, Jr., on 1/27/10: Pltfs' time to respond to 33 the agency dfts' Motion to Dismiss First Amended Complaint is EXT from 2/12/10 to 3/12/10, agency dfts' reply is DUE on or before 4/16/10, and the hearing on the motion 33 is CONT'D from 2/26/10 to 4/23/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. (Kastilahn, A)
January 27, 2010
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STIPULATION and ORDER 38, signed by Judge Frank C. Damrell, Jr., on 1/27/10: The briefing schedule and hearing date for dfts Cottini's and Heywood's anticipated motion to dismiss pltfs' first amended complaint is as follows: Motion is due by 3/26/10, Opposition is due by 4/9/10, Reply is due by 4/16/10, and the hearing shall be set for 4/23/10 at 10:00 a.m.(Kastilahn, A)
July 16, 2010
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ORDER signed by Judge Frank C. Damrell, Jr. on 07/16/10 GRANTING IN PART and DENYING IN PART dfts' 33 Motion to Dismiss, 44 Motion to Dismiss. Plfs have 15 days to file an amended complaint in accordance with this order; dfts have 30 days thereafter to file a response thereto. (Benson, A.)
July 29, 2010
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STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 7/29/10 ORDERING that Plaintiffs' Second Amended Complaint will be due by 8/20/10; and Defendants' Answer or Motion to Dismiss will be due by 10/1/10. (Becknal, R)
October 18, 2010
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STIPULATION and ORDER 58 signed by Judge Frank C. Damrell, Jr. on 10/15/2010 ORDERING that the plaintiffs' opposition brief is due by 11/3/2010; Defendants' reply brief is due by 11/26/2010; and the hearing re 55 Motion to Dismiss is reset to 12/3/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Matson, R)
July 7, 2011
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ORDER signed by District Judge Kimberly J. Mueller on 7/7/11: The supplemental briefs shall be due by July 20, 2011, and the court will hear focused argument on this issue on July 27, 2011 at 10:00 a.m. (Kaminski, H)
July 13, 2011
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STIPULATION and ORDER 75 signed by District Judge Kimberly J. Mueller on 7/12/11; The hearing on 55 Motion to Dismiss is reset for 8/31/2011 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Matson, R)
July 27, 2012
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ORDER signed by Judge Kimberly J. Mueller on 7/26/2012 GRANTING-IN-PART and DENYING-IN-PART 55 Motion to Dismiss. See order for details. Plaintiffs are GRANTED 21 Days to file an amended complaint in accordance with this order. Plaintiffs are cautioned that they should amend the complaint to remove all superfluous and irrelevant material, and restate their claims as allowed here to comply with FRCP 8. Defendants are GRANTED 30 days from the date of service of plaintiffs' amended complaint to file an answer or a motion to dismiss addressing only those claims for which leave to amend has been granted. (Donati, J)
March 29, 2013
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ORDER signed by Judge Kimberly J. Mueller on 3/29/2013 ORDERING 88 Motion to Strike is DENIED as untimely; the court on its own motion STRIKES plaintiffs' NAGPRA claim from its Sixth Cause of Action in the Third Amended Complaint. (Waggoner, D)
July 24, 2014
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ORDER signed by Judge Kimberly J. Mueller on 7/24/2014 GRANTING-IN-PART and DENYING-IN-PART 107 Motion. Consistent with this order, plaintiffs may amend the complaint to properly state a NEPA claim for Nosoni Creek within 14 days of the filing of this order. The Court sets a Status Conference for 10/2/2014 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Donati, J)
October 15, 2014
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 10/14/14 ORDERING that all dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 3/27/2015. The court sets the following briefing schedule: Forest Service's motion: 12/19/2014, Plaintiffs' consolidated opposition/cross-motion: 1/30/2015, Forest Service's consolidated reply/opposition: 2/20/2015, Plaintiffs' reply: 3/13/2015, Hearing: 3/27/2015, 2:00 p.m.. (Kastilahn, A)
March 31, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/31/2016 GRANTING 131 Motion for Summary Judgment as to claims one, two, four, five and six; GRANTING 133 Cross-Motion for Summary Judgment as to claim three (Coonrod Flat); GRANTING the 134 Motion to Strike the October 2012 memo on Clikapudi Trail Loop; DENYING all remaining motions to strike, including the 140 Motion to Strike; ORDERING that simultaneous opening briefs on the appropriate remedy on claim three be filed by the close of business on 5/6/2016; ORDERING that any responses be filed by 6/3/2016. (Michel, G.)
August 17, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/16/16: The parties are hereby ORDERED TO SHOW CAUSE why the court should not construe Defendant's supplemental brief on the issue of remedies as a motion for reconsideration, and set a schedule for Plaintiffs' substantive response to the motion so construed. (Washington, S)
March 23, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/22/2017 VACATING 147 Order regarding the plaintiffs' third claim based on the NHPA and the Coonrad Cultural Site; DENYING 133 Cross-Motion for Summary Judgment on its third claim regarding the Coonrad site; GRANTING 131 Motion for Summary Judgment regarding said claim; ORDERING that the Court's decisions on the parties' other claims re 147 Order remain unchanged. CASE CLOSED. (Michel, G.)